ORDER REVOKING LICENSE Michael Perry and Deborah Perry
by user
Comments
Transcript
ORDER REVOKING LICENSE Michael Perry and Deborah Perry
STATE OF CALIFORNIA CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY STATE WATER RESOURCES CONTROL BOARD DIVISION OF WATER RIGHTS In the Matter of License 8875 (Application 21370) Michael Perry and Deborah Perry ORDER REVOKING LICENSE SOURCE: Unnamed Stream COUNTY: El Dorado WHEREAS: 1. License 8875 was issued to Dustin S. Ritchie and Pearl M. Ritchie on January 31, 1969, pursuant to Application 21370, and was recorded with the County Recorder of El Dorado County on February 4, 1969, in book 918, pages 41–42. 2. License 8875 was subsequently assigned to Michael Perry and Deborah Perry on December 12, 2003. 3. Michael Perry and Deborah Perry requested on February 7, 2014 that the license be revoked by the State Water Resources Control Board (State Water Board), Division of Water Rights (Division). 4. The Division interprets the licensee’s request for revocation as a waiver of the notice and hearing requirements set forth in California Water Code sections 1675 through 1675.1. 5. The State Water Board has delegated the authority to revoke water rights to the Deputy Director for the Division, pursuant to Resolution No. 2012-0029. The Deputy Director has redelegated this authority to the Assistant Deputy Directors, Program Managers, and Unit Seniors, pursuant to redelegation Order dated July 6, 2012. Therefore, it is ordered that License 8875 is hereby revoked by the State Water Board, and the water is declared to be subject to appropriation. This revocation may not result in additional water being available for new appropriations if there are applicable restrictions due to past State Water Board decisions regarding water availability. STATE WATER RESOURCES CONTROL BOARD ORIGINAL SIGNED BY Brian Coats for: Barbara Evoy, Deputy Director Division of Water Rights Dated: MARCH 12, 2014 REV-ORD-LIC (5-06) STATE OF CALIFORNIA THE RESOURCES AGENCY STATE WATER RESOURCES CONTROL BOARD DIVISION OF WATER RIGHTS license for Diversion and Use of Water APPLICATION 21370 THIS Is To PERMIT CERTIFY, That LICENSE~875 14660 ~~ DUSTIN S. RITCHIE AND PEARL M. RIT~~ STAR ROUTE 1 SOMERSET, CAL I F'ORN ~~~·~S4 ~~,, HAVE made proof as of JULY 30 1 1968 (the tlate of inspection) to the satisfaction of the State Water Resources Control Board of a right to the use of the water of AN UNNAMED STREAM IN EL DORADO COUNTY tributary to STEELY F'ORK COSUMNES RIVER THENCE NORTH F'ORK COSUMNES RIVER for the purpose of DOMESTIC USE under Permit 14660 of the Board and that the right to the use of this water has been perfected in accordance with the laws of California, the Regulations of the Board and the permit terms; that the priority of this right dates from JUNE 28 1963 and that the amount of water to which this right is entitled and hereby confirmed is li:,ited to the amount actually beneficially used for the stated purposes anti shall not exceed F' I VE HUNDRED ( 500} GALLONS PER DAY TO BE DIVERTED F'ROM JANUARY 1 TO DECEMBER 31 OF' EACH YEAR. THE POINT OF DIVERSION OF SUCH WATER IS LOCATED: SOUTH 50 F'EET AND WEST 400 F'EET F'ROM NE CORNER OF' SE1/4 or SW1/4 OF' SECTION 17 1 T9N 1 R13E 1 MDB&M, BEING WITHIN SE1/4 or SWl/4 OF' SAID SECTION 17. A DESCRIPTION OF LANDS OR THE PLACE WHERE SUCH WATER lS PUT TO BENEFICIAL USE IS AS FOLLOWS: WITHIN SE1/4 OF' SW1/4 OF' SECTION 17 1 T9N 1 R13£ 1 MDB&M. UPON A JUDICIAL DETERMINATION THAT THE PLACE or USE UNDER THIS LICENSE OR A PORTION THEREOF' IS ENTITLED TO THE USE or WATER BY RIPARIAN AND/OR PRE-1914 APPROPRIATIVE RIGHT 1 THE RIGHTS SO DETERMINED AND THE RIGHT ACQUIRED UNDER THIS PERMIT SHALL NOT RESULT IN COMBINED RIGHT TO THE USE or WATER IN EXCESS or THAT WHICH COULD BE CLAIMED UNDER THE LARGEST or THE RIGHTS. WRCB 16·1 !12-67) IIJ!Se:S-957 11-67 1M(!) OSP Licensee shallt~lloU! representatfves _of the J3otlrd .a~ other. parties., as may be authorized from time to time by the Board, reasonabl/ ~c'ces's tq bToject' wo/ks 'to ~e_te.Tpi'fJ b~plia;nce with~ the terms of this license. 1 , . -~r--l,,J ,-\f, tT.3...:.. ~ .}'"" t,~,Uu .. , ,\/...__ , . : All rights and privileges under this license including method of diversion, method of use and quantity of water diverted are subject to the continuing authority of the Board in accordance with law and in the interest of the public welfare to prevent waste, unreasonable uie, unrmsrfnalfle #wthod of use or unreasonable method of diversion of said water. y ...J ~ ~.. -J -· i \ :I G =:; t, 'i .... J . ',A Reports shall be filed promptly by licensee on appropriate forms which will be provided for the purpose from time totimebytheBoiird.'" L. ' v ·l . , I , J ,·, ,, .::::::' u __ :·,:_, ; ... ~. y_:::::.;,__; 'I ; ' ' _-J ' I I '--" I The right hereby confirmed to the diversion and use of water is restricted to the point or points of diversion herein specified and to the lands or place of use herein described. ~ ~ J '.J 1 , ~ : •. : 0 J ., I This license is granted and licensee accepts all rights herein confirmed subject to the follawing provisions of the Water Code: t .:.; ::; ' _; L. Section 1621. Each license shall be in such form and contain such terms as may be prescribed by the Board. Section' 162 6.·. ·Allcficen~s shall •be undei the 'territs and conditiom- of tbiSi division . (Of tb'e W~ter ~eY.. ::; , , ..J. : .· . i ·mJused for- Section 1627. A license shall be effective for such time as the water actually appropriated•UJil!erYit purpose in conformity with this division (of the Water Code) but no longer. I·., a useful~nd•heneneial Section 1628. Every license shall include the enumeration of conditions therein which in substance shall include all of the provisions of this article and the statement that any appropriator of water to whom a license is issued takes the license subject to the conditions therein expressed. Section 1629. Every licensee, if he accepts a license does so under the conditions precedent that no value whatsoever in excess of the actual amount paid to the State therefor shall at any time be assigned to or claimed for any license granted or issued under the provisions of this division (of the Water Code), or for any rights granted or acquired under the provisions of this division (of the Water Code), in respect to the regulation by any competent public authority of t~lse.rifice~ or .the_pric~ .~ 1thf: se~Y,i!=¢11 !,_O ~cren4er~ ~Y, lice~ee OJ[' ,~Yj the holdelf' of any rights granted or acquired under the provisions of this division (of the Water Code) or in respect to any valuation for purposes orsale to or. purchase, whether through condemnation proceedings or otherwise, by the State or any city, city and county, municipal water district, ,irrigatioa.-disti:id:;;lighting. district. or, any political sul>divisigp. 11f:~be ~a~e, qf;tlu; ri'~~oqtd .Propert;y3>!\'P'Y)icwse~,:::_o! ~he possess'lr of any rights granted, issued, or .a~quired 1;1p4e~ ~~ p~~li~i~s !hi~ di~~'! (~f,th~ ~a~~~~~)., T 1 ,, 8 . ::; • ~ : •• , ~::; • • • • • • _ann of 1 1 Section 1630. At any time after the expiration of twenty years after the granting of a license, the State or any city, city and' county, municipal water district, irrigation district, lighting district, or any political subdivision of the State shall have the right to purchase the works and property occupied and used under the license and the works built or constructed for the enjoyment of the rights granted under the license. Section 1631. In the event that the State, or any city, city and county, municipal water district, irrigation district, lighting district, or po!itical subdivision o~ the. State so desiring to. purchase and the o~9~r:- llfth~ v:orlu .and; ~~~~ty c~n~~ agr~ ';lpo~ t;e jP~f~h~se__ price,, -~~e pr1~e shall be. determme.d m such manner as 1s no;w ,or may hereafter bel prDVIIied ~y 1aw for c;letermml!lg t~e value ot property-t~en, m 1 emment domam proceedmgs. • ~. · .. • -~'-' I .. I •... '-· I I 0 ' ~ J , .:. ; , . ,,. J~ ,. U.·, Dated: ,_.....) l \. -· '":IV 1' f. J _, ....... y ,, .:.. ·, ' ,., ,. T . ... -..I' :.., lC I~ ; -'c!ftef; Di¥sio~ of Water.JJ}.Jghls - I ' ----I ) I''~- ...... J ' ' ' ~ \.__, ' ' _. ' I. __ , ,,:_I ,,.•